This article caught my eye this morning because I am fascinated by the zeitgeist of meme culture and its influence in this online, connected world.
Upon reading, my mind snagged on the comments discussing the “spin-off" merchandise being sold through unofficial channels.
In regard to election campaign merchandise, the selling of copy-cat products is deemed to be beneficial. The party line being that:
- It further spreads support for the campaign.
- It allows other businesses (the voters) to benefit.
This mindset echoes that which has at times been attributed to some of the largest fashion houses.
Gucci, amongst their sordid history, allegedly turned a blind eye to, if not actively encouraged, the production of imitation products. The rationale was simple - it underlined the significance and desirability of the brand. On the same wavelength, Coco Chanel famously made comments suggesting that being copied is an inevitable indicator of success, and took pleasure in seeing her designs imitated (although not outright copied).
It can be well understood that this acceptance of imitation may increase the power and prevalence of a brand. And in the land of luxury goods, is unlikely to result in a reduction in sales due to the price gap.
On the other hand, this strategy of accepting copying, imitation, “spin-off”, etc. is clearly not useful for businesses starting out, making a name for themselves and establishing their reputation. Such businesses may be wise to establish a broader ring-fence around their unique products, where possible.
These differences in approach are why it is imperative for each business to have a good understanding of the Intellectual Property tools available to them, and a clear view of how to wield these appropriately to support their goals.
IP strategy and protection is the core of what we do at Marks & Clerk. If you are seeking advice, please reach out.
There's no harm in smaller businesses like Etsy sellers getting in on the action, Arnell says. It's another form of positive engagement. “The merch spin-offs are a bit like memes — ways for creators to connect with audiences, express creativity and a point of view,” she says. “If they can make some money from it as well, that's a win-win.”
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